Archive for October, 2009

Published by Ana on 27 Oct 2009

APL : California’s Clean Truck Program

From: APL Notification [mailto:APL_Notification@apl.com]
Sent: Tuesday, October 27, 2009 11:57 AM
To: undisclosed-recipients:
Subject: Clean Truck Program 2nd Update

 

 

October 27, 2009

 

Clean Truck Program 2nd Update

 

Dear APL Customer:

 

Previously we advised about changes to the Clean Truck Program at the Ports of Los Angeles and Long Beach.  At that time the plan was for these changes to take place on November 1.  However, we are now advised that the changes will take place on Sunday, November 15, 2009. Until these changes are implemented on November 15, all cargo moving through these two Southern California ports must continue to be claimed through Port Check.  Please see the following press release from the Ports outlining the change.

 

Press Release from the Ports of Los Angeles and Long Beach:

 

Simplified cargo claiming system BEgins November 15

Exempt Trucks No Longer Required to Claim Cargo

 

At the Ports of Los Angeles and Long Beach, PortCheck is preparing to introduce a simplified cargo claiming system to reduce the administrative and economic burdens of the Clean Trucks Program (CTP). The system will be developed, tested and operational by November 15, not November 1 as previously announced.

 

Under the new system, cargo owners using exempt clean trucks to move local or intermodal rail cargo will no longer be required to claim cargo or pay the Clean Trucks Fee (CTF) in advance; only cargo owners using older, non-compliant trucks will be required to do so. Currently, all cargo, including intermodal cargo, must be claimed through PortCheck.

 

The marine terminal operators proposed this change to the two ports in response to feedback from cargo owners asking to reduce the administrative burdens and complications of the current claiming system. PortCheck is committed to easing these burdens. The changes will not reduce the ability of the Clean Trucks Program to meet its clean air goals.

 

Cargo owners should reference the following guidelines to ensure compliance with the new cargo claiming system:

 

·         Cargo owners that are absolutely certain their containers are delivered or picked up by an exempt truck in the ports’ drayage truck registry will not have to claim the cargo or booking number.

·         Cargo owners using non-exempt trucks will be denied entry until the container or booking number is claimed or paid for, or an exempt truck is used.

·         If the cargo owner is not certain whether an exempt or a non-exempt truck will pick up or deliver the container, they should continue to claim the container or booking number.

 

The CTF was established by the ports to pay for implementation of the CTP.  Currently, cargo owners are required to pay a CTF for cargo moved by trucks that do not meet the requirements of the CTP.  Cargo contained in a 20-foot container is subject to a $35 CTF. Cargo moved in containers larger than 20 feet is subject to a $70 CTF.

 

Customers can submit inquiries PortCheck customer service center by sending an email to questions@portcheck.org or calling 1-877-863-3310. 

 

For more information on PortCheck, please visit www.pierpass-tmf.org.

 

For more Information on the Clean Trucks Program of the Ports of Long Beach and Los Angeles, please visit the ports’ web sites, www.portoflosangeles.org  and www.polb.com/cleantrucks.

 

PortCheck Inc. Customer Service

1-877-863-3310 (inside the United States)

1-801-559-8078 (outside the United States)

 

For additional information regarding this matter, please contact your APL Account Manager or Customer Support via phone at 1-800-999-7733 or via email at nam_customer_support@apl.com.

 

Sincerely,

 

APL Customer Support

 

 

*If you wish to no longer receive emails regarding service advisories, please reply to this email and add the word “remove” to the end of the subject line.  If you wish to add parties to this email, please reply and provide those individuals’ email addresses.

Published by Ana on 26 Oct 2009

USDA : CBP Agriculture Specialists Intercept Mediterranean Fruit Fly at Miami International Airport.

CBP Agriculture Specialists Intercept Mediterranean Fruit Fly at Miami International Airport

(Friday, October 23, 2009)
 

 

Miami – U.S. Customs and Border Protection is responsible for ensuring that no intruders enter the United States undetected. This includes intruders of the winged variety. CBP agriculture specialists intercepted one live Ceratitis capitata larvae, Mediterranean fruit fly (Medfly) in fruit carried by a passenger arriving at MIA.

 

On October 11, CBP agriculture specialists examined fresh figs carried by a passenger arriving at MIA from Algeria and intercepted one Ceratitis capitata larvae. The interception was forwarded to the United States Department of Agriculture, Miami Plant Inspection Station where it was identified as Medfly larvae.

 

According to the U.S. Department of Agriculture, Animal Plant Health Inspection Service regulations, figs from Algeria are prohibited entry to the United States. Fruits were seized, inspected and destroyed under CBP supervision.

 

The Mediterranean fruit fly is one of the world’s most destructive pests, capable of attacking 260 different fruits, flowers, vegetables and nuts. If this exotic pest were to become established in the United States, the estimated annual loss would be staggering.

 

“These losses could come in the form of export sanctions, lost markets, treatment costs, reduction of crop yields, damaged fruits, premature fruit drop and plant diseases,” said Harold Woodward, CBP director of Field Operations, Miami Field Office. “CBP will continue to take the appropriate steps to keep this fly and other agricultural pests that pose a threat out of the United States.”

 

As the frontline border agency of the Department of Homeland Security, preventing acts of terrorism is the primary, but not the only mission of CBP. One of CBPs major duties is to safeguard American agriculture and the nation’s economy by inspecting ships, airplanes, vehicles, cargo, passengers, and their baggage for prohibited agriculture products that may serve as carriers for pests and disease.

 

For more information on the Medfly, visit the USDA Web site.

 

U.S. Customs and Border Protection is the unified border agency within the Department of Homeland Security charged with the management, control and protection of our nation’s borders at and between the official ports of entry. CBP is charged with keeping terrorists and terrorist weapons out of the country while enforcing hundreds of U.S. laws.

Contacts For This News Release
Norma Morfa
CBP Public Affairs

Phone: (305) 810-5135 Ext: 614
Fax: (305) 810-5146
CBP Headquarters
Office of Public Affairs
1300 Pennsylvania Ave., N.W.
Room 3.4A
Washington, DC 20229
Phone: (202) 344-1780 or
(800) 826-1471
Fax: (202) 344-1393

Published by Ana on 16 Oct 2009

USDA :: SUSPENDED October 1, 2009: Peppers from the Netherlands

Alert Details

       
Short Description: SUSPENDED October 1, 2009: Peppers from the Netherlands
Details: The importation of peppers from the Netherlands have been suspended due to a recent interception of False Codling Moth. Consignments shipped on or before October 1, 2009 will be allowed to make entry into the U.S.
Issued Date: 10/01/2009 Modified Date:10/07/2009 Expires Date: 10/01/2010

Published by Ana on 08 Oct 2009

USDA :: USDA Postpones Increase in Fees for Quarantine and Inspection Services

The Department of Agriculture’s Animal and Plant Health Inspection Service has postponed from Oct. 1 to Nov. 1 an increase of about 10% in the fees charged for certain agricultural quarantine and inspection services provided in connection with certain commercial vessels, trucks, railroad cars and aircraft arriving at ports in the U.S. customs territory. These fees are being increased as follows.

• commercial vessels - $544, up from $494
• commercial trucks - $6.00 for a single border crossing, up from $5.25, and $120 for a transponder, up from $105
• commercial railroad cars - $8.75 per car, up from $7.75
• commercial aircraft - $78.00 per aircraft, up from $70.50

World Trade\INTERACTIVE™ is an online international trade information service, published electronically by WorldTrade Interactive, Inc. It is prepared by the law firm of Sandler, Travis & Rosenberg, P.A. The publisher has taken all reasonable steps to verify the accuracy of the content of this site. However, WorldTrade Interactive, Inc., and Sandler, Travis & Rosenberg, P.A., shall not be responsible for any errors or omissions.

NOTE: Information contained herein is of necessity a summary of complicated and fact-specific issues. It is not intended to convey legal advice, and receipt of it does not constitute or create an attorney-client relationship. Before you act on any information provided in this document, you should seek professional advice regarding its applicability to your specific circumstances.

Copyright © 2009 WorldTrade Interactive, Inc. - All Rights Reserved

Receipt of this free publication is allowed under the House and Senate gift rules.
See Senate Rule XXXV 1.(c)(9) and 1.(c)(19); House Rule XXV 5.(a)(3)(I) and 5(a)(3)(R)(i).

Published by Ana on 08 Oct 2009

CUSTOMS :: CBP Trade Symposium 2009

http://www.cbp.gov/xp/cgov/trade/trade_outreach/trade_symposium_09.xml

Published by Ana on 08 Oct 2009

CUSTOMS :: Customs-Trade Partnership Against Terrorism (C-TPAT) Enforcement And Appeal Process

To: Perishable Specialist, Inc., The

C-TPAT Members:

Please find below a general public informational notice that was recently posted on the C-TPAT portion of the CBP website.  This notice describes the program’s longstanding position regarding its enforcement and appeal process. This process has been discussed at the C-TPAT annual conference and other venues over the years and the intent herein is to provide a clearer understanding of the process to all concerned.  The program has worked diligently to ensure that suspension and removal decisions are balanced, taking into account all relevant factors and will continue to do so moving forward.  

Thank you,

S/ Bradd M. Skinner
    Director, C-TPAT   
 

 

Customs-Trade Partnership Against Terrorism (C-TPAT) Enforcement And Appeal Process

The C-TPAT program is one layer in U.S. Customs and Border Protection’s (CBP) multi-layered cargo enforcement strategy.  Through this program, CBP works with the trade community in adopting tighter security measures throughout their international supply chains.  In exchange for adopting these stronger security practices and after verification by CBP that the measures are in place, CBP affords these members reduced inspections.  C-TPAT is a voluntary program with a “trust but verify” mantra and as such the program must take immediate action to suspend or remove partners which are not in compliance with the program’s minimum security criteria. This informational notice outlines the program’s enforcement and appeal process.

C-TPAT members may be suspended or removed from the program for several reasons to include, but not limited to, the following: narcotics seizures or other security related incidents such as human smuggling attempts, failed validations, non-response to required information or an overall lack of commitment to the program.

The C-TPAT Headquarters (HQ) Program Director makes the final decision to suspend or remove a member based upon all available information to include reports and recommendations made by C-TPAT Field Managers.  In certain circumstances companies are removed outright from the program such as when they are found to provide false information, demonstrate no security or a total disregard for the program’s requirements.  In other instances, which may not be as egregious but nonetheless significant, the company may be suspended with the intent of giving the member an opportunity to come into compliance.

Once an incident occurs, C-TPAT determines the appropriate next steps on a case-by-case basis.  These steps normally include suspending benefits such as FAST lane access and the Automated Targeting System score reduction and conducting a post incident analysis to determine were the break-down occurred.

In order to be reinstated into the program after an incident, the company must agree to a corrective action plan which identifies specific objectives and time frames. In addition, the company must consent to un-announced visits until such time CBP is satisfied that the company is in full compliance. In the case of a failed validation, the company must demonstrate that it has successfully addressed all vulnerabilities before being fully reinstated.     

Companies that are suspended or removed may appeal the decision to the Executive Director, Cargo and Conveyance Security. Appeals should include all relevant information which demonstrates how the company has addressed the issues in question.

To avoid these actions, C-TPAT members must ensure they are in full compliance with the minimum security criteria and be cognizant of and responsive to mandated timeframes. To view the C-TPAT minimum security criteria, please visit: http://www.cbp.gov/xp/cgov/trade/cargo_security/ctpat/.

C-TPAT members may address specific questions to their assigned SCSS and non-members may contact the C-TPAT HQ at industry.partnership@dhs.gov.

Published by Ana on 08 Oct 2009

FDA :: NEW RULE TO REQUIRE FOOD FACILITIES TO REPORT POSSIBLY ADULTERATED FOOD IN ELECTRONIC FDA REGISTRY

September 11, 2009  

NEW RULE TO REQUIRE FOOD FACILITIES TO REPORT POSSIBLY ADULTERATED FOOD IN ELECTRONIC FDA REGISTRY

  Food facilities required to register with the Food and Drug Administration under the existing Bioterrorism Act (i.e., facilities located anywhere in the world that manufacture, process, package or hold food for consumption in the United States) must now submit a report to the FDA’s new electronic registry) within 24 hours if they find a reasonable probability that an article of food may cause severe health problems or death to a person or animal. This reporting requirement will apply to all foods and animal feed regulated by the FDA except infant formula and dietary supplements. Failure to timely submit the required report may lead to civil and criminal penalties. 

The following data elements must be included in any initial report to the FDA’s electronic registry.

1. the facility registration numbers of the responsible party
2. the date on which the article of food was determined to be a reportable food
3. a description of the article of food, including the quantity or amount
4. the extent and nature of the adulteration
5. the results of any investigation of the cause of the adulteration if it may have originated with the responsible party, when known
6. the disposition of the article of food, when known
7. the product information typically found on packaging, including product codes, use-by dates, and the names of manufacturers, packers or distributors sufficient to identify the article of food

No report will be required if the responsible party - the owner, operator or agent in charge of the registered food facility - found the problem before the food was shipped and corrected the problem or destroyed the food.

Although this rule came into effect Sept. 8, the FDA has now announced through an updated guidance document that it will refrain from enforcing the rule until Dec. 8 in circumstances where it determines that a responsible party has made a reasonable effort to comply and has otherwise acted to protect public health.

Sandler, Travis & Rosenberg, P.A., advises global food facilities and other regulated establishments and offers food facility registration and compliance services. For more information on the FDA’s electronic reporting requirements, ST&R’s food facility registration program and other FDA-related requirements governing the distribution and importation of food, cosmetics, devices or drugs, please contact Edgar Asebey or Lauren Perez in our Miami office at (305) 267-9200.

 

 

  You can also stay up-to-date on the latest developments on this issue by subscribing to ST&R’s WorldTrade\INTERACTIVE daily e-newsletter.

Sandler, Travis & Rosenberg, P.A., is a customs and international trade law firm concentrating in assisting clients with the global movement of goods, ideas and personnel and the setting of global trade policy. Our affiliated consulting company, Sandler & Travis Trade Advisory Services Inc., is a leading provider of trade-related management and consulting services to government and industry. For more information about ST&R and STTAS, please visit our Web site.

 

 


 

  Published by Sandler, Travis & Rosenberg, P.A.

NOTE: Information contained herein is of necessity a summary of complicated and fact-specific issues. It is not intended to convey legal advice, and receipt of it does not constitute or create an attorney-client relationship. Before you act on any information provided in this document, you should seek professional advice regarding its applicability to your specific circumstances.

© 2009, all rights reserved. [9/11/2009]

Receipt of this free publication is allowed under the House and Senate gift rules.
See Senate Rule XXXV 1.(c)(9) and 1.(c)(19); House Rule XXV 5.(a)(3)(I) and 5(a)(3)(R)(i).

 

 


 

  This message has been sent to you as an information service of Sandler, Travis & Rosenberg, P.A.

Published by Ana on 08 Oct 2009

CUSTOMS :: U.S. Customs and Border Protection Informed Compliance Publications Update

http://www.cbp.gov/xp/cgov/trade/legal/informed_compliance_pubs/

Published by Ana on 08 Oct 2009

USDA :: USDA Corrects Rule on Imports of Citrus from Chile

USDA Corrects Rule on Imports of Citrus from Chile

The Department of Agriculture’s Animal and Plant Health Inspection Service has issued a correction to its April 7, 2009, final rule amending the fruits and vegetables regulations to allow the importation of sweet oranges and grapefruit from Chile into the continental U.S. APHIS states that in making this change it inadvertently amended the regulations to restrict the importation of clementines, mandarins and tangerines from Chile into the continental U.S. and Hawaii, when in fact those fruits had been eligible for importation into the entire U.S., including the territories.

World Trade\INTERACTIVE™ is an online international trade information service, published electronically by WorldTrade Interactive, Inc. It is prepared by the law firm of Sandler, Travis & Rosenberg, P.A. The publisher has taken all reasonable steps to verify the accuracy of the content of this site. However, WorldTrade Interactive, Inc., and Sandler, Travis & Rosenberg, P.A., shall not be responsible for any errors or omissions.NOTE: Information contained herein is of necessity a summary of complicated and fact-specific issues. It is not intended to convey legal advice, and receipt of it does not constitute or create an attorney-client relationship. Before you act on any information provided in this document, you should seek professional advice regarding its applicability to your specific circumstances.

Published by Ana on 08 Oct 2009

CUSTOMS :: Importer Security Filing “10+2” Program

Importer Security Filing “10+2” Program

 

Frequently Asked Questions

 

Last Updated: September 30, 2009

http://www.cbp.gov/linkhandler/cgov/trade/cargo_security/carriers/security_filing/10_2faq.ctt/10_2faq.doc#Liquidated

Next »